10.062. What happens if no international search report has been established in respect of certain claims? Claims relating to inventions in respect of which no international search report has been established (see paragraphs 7.013 to 7.021) need not be the subject of international preliminary examination and any written opinion of the International Preliminary Examining Authority, as well as the international preliminary report on patentability (Chapter II of the PCT), will so indicate.
10.062A. Does the International Preliminary Examining Authority carry out any additional search? The International Preliminary Examining Authority normally carries out a top-up search to discover any documents referred to in Rule 64, which have been published or have become available to the Authority for search subsequent to the date on which the international search report was established, unless where it considers that this would serve no useful purpose, for example, where it finds that the international application, in its entirety, relates to subject matter on which it is not required to carry out an international preliminary examination. The international preliminary examination report indicates whether a top-up search was carried out. When establishing the international preliminary examination report, the Authority may include results of the top-up search.
Date retrieved: 24 November 2017